Legal and Ethical Issues in
Counseling, Social Work,
and Marriage & Family
Therapy
William L. Hegarty, JD
Deputy Director
State of Ohio Counselor, Social Worker, and Marriage
& Family Therapist Board
(614) 466-0912
Ethical Practice...Responsibility
Not Perfection
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Common Ethical Concerns:
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Boundary violations
Breach of confidentiality
Reports to courts-child custody clients
Improper record keeping
Unlicensed practice
Convictions (Post licensure)
Impaired practitioners
Practicing outside the scope of licensure
Sexual Boundary Violations
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Ultimate betrayal by therapist
Never have sex with clients
Understand what particular state law says
about sex with ex-clients
Peers should question abnormal practice
Transference and counter-transference
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Case notes are important
Sex with client’s family members
Non-Sexual Boundary Violations
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Friendship/Socializing with clients
Hiring clients to work in home or office
Weddings, Christmas and gifts to therapist
The “touchy-feely” Therapist
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Is there a therapeutic reason to touch a
client?
Burden on the professional to prove
therapeutic reason.
Can be confusing to client.
Breach of Confidentiality
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Client holds privilege
Informed consent
Release of
information in writing
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Does the client know
what they signed?
Specifics: To whom,
end date, etc.
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Exceptions:
Based on State Law
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Duty to warn
Duty to protect
Child abuse
Elder abuse
Child Custody
Reporting to Court
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If appointed by court, report should be
neutral.
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Is it different if hired by the parent?
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Give professional opinion supported by fact.
Talk to ALL parties.
Report is biased- professional opinion should
still be supported by facts.
Increase in complaints alleging bias.
Expert Witness v. Fact Witness
Improper Record Keeping
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Overcharging client
Falsifying sessions
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Adding additional sessions
Extending time the client was seen
Submitting bill prior to the session
Home Based social work, counseling, or
marriage and family therapy
Not completing case notes
Renewals/Audits
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Did you update your address?
Audit is really random
On Renewal application, licensee states
she/he has done the 30 hours
Burden is on licensee to prove 30 hours
when audited- be organized!
Replacement certificates from provider
Unlicensed Practice
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State law controls
Does your Board have injunction power?
Is it a criminal offense?
Are there exceptions in your State?
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Civil servants
Religious based counseling
Post Licensure Convictions
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State law controls
Misdemeanor
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In course of practice?
DUI and impairment
Felonies
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Can your Board discipline?
Impaired Practice
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Is there an impairment statute of rule?
Physical disability
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ADA
Mental health concern
Sexual boundary violations
Substance abuse
http://cswmft.ohio.gov/
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Resource for:
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Complaint forms
Complete law and rules governing the
practice of Counselors, Social Workers, and
Marriage and Family Therapists
Disciplinary action list
License verification